EXPLANATORY STATEMENT
CIVIL AVIATION REGULATIONS
CIVIL AVIATION ORDERS
APPROVAL UNDER SUBREGULATION 207 (2)
Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations.
Subregulation 207 (2) of the Civil Aviation Regulations (the Regulations) provides that an Australian aircraft shall not be used in any class of operations unless it is fitted with such instruments and is fitted with or carries such equipment as the Civil Aviation Safety Authority (CASA) approves or directs.
Section 20.18 of the Civil Aviation Orders (the Orders) sets out instruments and equipment required for Australian aircraft engaged in certain classes of operations. Paragraph 3.1 of section 20.18 provides that oxygen must be stored, and dispensing and control equipment must be installed, on an aircraft in accordance with section 108.26 of the Orders. Paragraph 3.2 provides that the minimum rates of oxygen flow on an aircraft must also be in accordance with section 108.26.
This approval under subregulation 207 (2) permits aircraft VH-LLV to which that requirement applies to operate with a particular make of nasal cannula type individual oxygen dispensing units. The units have to have a flow rate of not less than .3 litre per minute increasing by .1 litre per minute for every 2,000 feet up to an altitude of 18,000 feet, which is the maximum altitude at which those units are permitted to be used under section 108.26.
Nasal cannula type units supply oxygen through the nose only. Above an altitude of 18,000 feet, only units designed to cover the nose and mouth must be used. In addition, under paragraph 5.1.2 of section 108.26, the latter type of unit must be supplied in an aircraft in a ratio of 1 for every 15 oxygen dispensing units installed. The approval states that requirement will continue to apply.
The minimum flow rate specified in this approval differs from the flow rate specified in paragraph 6.1 of section 108.26 for oxygen equipment used by flight crew members. Because nasal cannula type units supply oxygen directly to the lungs through the nose, a lesser flow rate produces the same level of oxygen in the blood as the flow rate specified in paragraph 6.1. The approval also states that the flow rate specified in paragraph 6.1 continues to apply to units designed to cover the nose and mouth that are installed in the same aircraft.
Under regulation 5A, a “prescribed direction or exemption” that affects the operation of anything in an Order is a disallowable instrument. This approval affects the operation of paragraph 6.1 of section 108.26 by specifying a different minimum flow rate and is a prescribed direction or exemption as defined in regulation 5A. It has been tabled as a disallowable instrument.
The approval came into operation on gazettal.
The approval has been issued by a delegate of CASA in accordance with regulation 7 of the Regulations.
Overview
The Civil Aviation Regulations 1998, enacted by the Australian Parliament, were introduced to ensure the safety and regulation of civil aviation in Australia. One particular regulation, section 98, allows the Governor-General to make regulations concerning the safety of civil aviation, empowering the Civil Aviation Safety Authority (CASA) to approve or direct the use of instruments and equipment on Australian aircraft. This specific approval under subregulation 207(2) addresses the issue of ensuring that certain aircraft can operate with particular types of oxygen dispensing units. This approval permits the use of a particular make of nasal cannula type individual oxygen dispensing units on aircraft VH-LLV, specifying a minimum flow rate that varies with altitude, while also maintaining compliance with other related provisions of the Civil Aviation Orders. The aim of this regulation is to ensure that the specified aircraft can safely operate with the approved equipment, while adhering to safety standards set by CASA.
Scope and Application
The Civil Aviation Regulations, under subregulation 207(2), require that Australian aircraft must be fitted with approved instruments and equipment to operate in specified classes of operations. This regulatory framework is underpinned by section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to enact these regulations. The Civil Aviation Orders further detail the specific requirements for instruments and equipment, such as the installation and storage of oxygen dispensing and control equipment as per section 20.18 and section 108.26. This particular approval pertains to the use of nasal cannula type individual oxygen dispensing units on aircraft VH-LLV, allowing for a different flow rate standard than that specified for flight crew members, due to the distinct physiological delivery of oxygen to the lungs via the nose. This approval specifies that these units must maintain a minimum flow rate that increases incrementally with altitude, up to the maximum permissible altitude of 18,000 feet. Additionally, the regulation mandates that above this altitude, only units designed to cover both the nose and mouth can be used, supplied in a ratio of one unit for every fifteen oxygen dispensing units installed. This approval, issued by a delegate of CASA under regulation 7, has been tabled as a disallowable instrument under regulation 5A and came into operation upon gazettal.
Key Provisions
The key operative sections of this legislation are section 98 of the Civil Aviation Act 1988 and subregulation 207(2) of the Civil Aviation Regulations, which together empower the Governor-General to make regulations regarding the instruments and equipment required for Australian aircraft to operate safely. Additionally, section 20.18 of the Civil Aviation Orders specifies the instruments and equipment needed for aircraft engaged in certain classes of operations, including oxygen dispensing and control equipment. This approval under subregulation 207(2) allows aircraft VH-LLV to use a specific make of nasal cannula type individual oxygen dispensing units with a specified minimum flow rate.
The obligations imposed by this Act on the parties or entities it governs include ensuring that all Australian aircraft are fitted with the instruments and equipment approved or directed by CASA before they can be used in any class of operations. For aircraft operating at altitudes above 18,000 feet, the Act mandates that only units designed to cover both the nose and mouth are to be used, with a specific ratio requirement for these units. Furthermore, the Act requires that the flow rate specified in paragraph 6.1 of section 108.26 for oxygen equipment used by flight crew members continues to apply to units designed to cover both the nose and mouth installed in the same aircraft.
Breach of these provisions may result in various civil and criminal consequences, including penalties. The maximum penalties for contravening the regulations are not specified in the text, but they may include fines and other regulatory sanctions. Additionally, as this approval is a disallowable instrument under regulation 5A, it can be subject to disallowance by Parliament, which could negate its legal effect.
The Act also specifies that the flow rate for nasal cannula type units supplying oxygen through the nose only differs from the flow rate specified for oxygen equipment used by flight crew members. This difference is justified by the physiological fact that nasal cannula type units deliver oxygen directly to the lungs through the nose, thus a lesser flow rate achieves the same level of oxygen in the blood. The Act ensures that this distinction is maintained and that the flow rate specified in paragraph 6.1 applies to units designed to cover both the nose and mouth in the same aircraft. This approval, issued by a delegate of CASA, came into operation on gazettal and adheres to the requirements set forth in the Civil Aviation Regulations and Orders.